18 AAC 60.315. Wetlands

A new MSWLF or a lateral expansion of an existing MSWLF may not be located in wetlands, unless the owner or operator demonstrates that

(1) to the extent required by or under 33 U.S.C. 1344 (Clean Water Act, section 404), as amended through December 6, 1995, there is no practical alternative landfill site available except other wetlands;

(2) construction and operation of the MSWLF will not

(A) cause or contribute to a violation of an applicable water quality standard under 18 AAC 70;

(B) violate an applicable toxic effluent standard or prohibition set out in, or established under, 33 U.S.C. 1317 (Clean Water Act, section 307), as amended through December 6, 1995;

(C) jeopardize the continued existence of an endangered or threatened species or result in the destruction or adverse modification of a critical habitat protected under 16 U.S.C. 1531 - 1544 (Endangered Species Act of 1973), as amended through December 6, 1995; and

(D) violate a requirement of 33 U.S.C. 1401 - 1445 (Marine Protection, Research, and Sanctuaries Act of 1972), as amended through December 6, 1995, for the protection of a marine sanctuary;

(3) the MSWLF will not cause or contribute to significant degradation of wetlands; the owner or operator shall demonstrate the integrity of the MSWLF and its ability to protect ecological resources by addressing

(A) erosion, stability, and migration potential of

(i) native wetland soils, muds, and deposits used to support the MSWLF; and

(ii) dredged and fill materials used to support the MSWLF;

(B) the volume and chemical nature of the waste managed in the MSWLF;

(D) potential effects of catastrophic release of waste to the wetland and the resulting impacts on the environment; and

(E) any additional factors necessary to demonstrate that ecological resources in the wetland are sufficiently protected;

(4) to the extent required under 33 U.S.C. 1344 (Clean Water Act, section 404), as amended through December 6, 1995, or applicable state wetlands laws, steps have been taken to achieve no net loss of wetlands, as defined by acreage and function, by first avoiding impacts to wetlands to the maximum extent practical, then minimizing unavoidable impacts to the maximum extent practical, and finally offsetting remaining unavoidable wetland impacts through all appropriate and practical compensatory mitigation actions such as restoration of existing degraded wetlands or creation of manmade wetlands; and

(5) sufficient information is available to fully support the demonstrations required under this section.

History: Eff. 1/28/96, Register 137; am 10/29/98, Register 148

Authority: AS 44.46.020

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